Workplace Suspension Rights and Rules

Workplace suspension is the temporary removal of an employee from their normal duties while maintaining the employment relationship. It's typically used when an employer needs to investigate allegations of misconduct, when there are safety concerns, or when an employee's continued presence might compromise an investigation.

Suspension is not disciplinary action in itself, but rather a neutral step that allows proper investigation while protecting all parties involved. However, the impact on the suspended employee can be significant, affecting their income, reputation, and wellbeing.

Under New Zealand employment law, employers must act in good faith when implementing suspension. This means being fair, reasonable, and transparent about the reasons and expected duration. The suspension must be justified by the circumstances and conducted according to proper procedures.

Common reasons for suspension include allegations of theft, harassment, safety violations, or conflicts of interest. However, suspension should not be used as punishment or to pressure an employee to resign.

The default position in New Zealand is that suspended employees should continue to receive their normal pay and benefits. This is because suspension maintains the employment relationship, and the employee remains available for work even though they're temporarily excluded from the workplace.

Unpaid suspension is only justified in limited circumstances, typically when the employee is suspected of serious misconduct that could warrant dismissal for serious misconduct. Even then, the employer must have reasonable grounds for believing serious misconduct has occurred.

During paid suspension, you should receive your full salary, allowances, and benefits including health insurance and KiwiSaver contributions. Annual leave and sick leave should continue to accrue normally. If you normally receive overtime or commission payments, the treatment of these depends on your employment agreement terms.

If you're suspended without pay inappropriately, this could constitute unjustified disadvantage and give you grounds for a personal grievance. The financial impact of unpaid suspension can be severe, making it crucial to understand your entitlements and seek advice if necessary.

Employers must follow proper procedures when implementing suspension to ensure it's justified and fair. The process should start with a clear explanation of the concerns that have led to the suspension decision, provided in writing where possible.

The employee should be told the expected duration of the suspension, or at least given regular updates about the investigation's progress. Employers should also explain what the employee can and cannot do during the suspension period, including any restrictions on contacting colleagues or accessing company systems.

Good practice requires employers to consider alternatives to suspension, such as temporary redeployment, increased supervision, or working from home. Suspension should only be used when these alternatives are not suitable or sufficient to address the concerns.

The investigation during suspension must be conducted promptly and thoroughly. Unreasonable delays can make the suspension unjustified, even if it was initially appropriate. Employees should be kept informed of progress and given opportunities to respond to allegations through the disciplinary process.

Suspended employees retain most of their normal employment rights and protections. You have the right to be treated fairly and in good faith throughout the suspension period, including receiving clear information about the reasons and expected timeframe.

You're entitled to representation during any meetings or interviews related to the investigation. This can be a support person, union representative, or lawyer, depending on the circumstances and your employment agreement terms.

Your right to confidentiality should be respected, meaning the employer should only share information about the suspension with those who need to know for legitimate business reasons. Unnecessary disclosure that damages your reputation could give rise to additional grievances.

You also have the right to respond to any allegations and provide your version of events. The investigation should be conducted fairly, considering all relevant evidence and giving you adequate opportunity to explain your position.

If you believe the suspension is unjustified or being handled improperly, you have the right to raise a personal grievance for unjustified disadvantage. This must be done within 90 days of the grievance arising.

If you believe your suspension is unjustified or improperly handled, there are several steps you can take to protect your rights and seek resolution. The first step is to request written details about the specific reasons for suspension and the expected investigation process.

Document everything related to your suspension, including the initial conversation, any written communications, and the impact on your wellbeing and finances. Keep records of any attempts to contact your employer and their responses.

Consider whether the suspension meets the legal tests for justification. Ask yourself whether there were reasonable grounds for the employer's concerns, whether proper procedures were followed, and whether the duration is reasonable given the circumstances.

If you identify problems with the suspension, raise these concerns formally with your employer first. Many suspension issues can be resolved through direct communication, particularly if the problems stem from misunderstanding rather than deliberate unfairness.

If direct resolution isn't possible, you may need to consider raising a personal grievance for unjustified disadvantage. This is particularly important if the suspension is affecting your income, reputation, or mental health significantly.

Suspension can significantly affect the ongoing employment relationship, even when handled properly. The stress and uncertainty of being suspended can damage trust between employer and employee, making it important to handle the process sensitively.

For employees, suspension can cause anxiety about job security, financial stress if pay is affected, and concerns about reputation among colleagues. These impacts can persist even after returning to work, particularly if the suspension was lengthy or highly visible.

Employers also face risks from suspension, including potential grievance claims if the process is mishandled, loss of productivity during the employee's absence, and possible damage to workplace relationships and morale.

The way suspension is resolved often determines whether the employment relationship can continue successfully. Clear communication, fair processes, and appropriate support can help rebuild trust and maintain a positive working relationship.

In some cases, suspension may lead to the end of the employment relationship, either through dismissal following the investigation or through the employee choosing to resign. Understanding the potential outcomes helps both parties make informed decisions about how to proceed.

When an investigation concludes that no disciplinary action is warranted, the employee should be able to return to work without prejudice. This means treating them as if the suspension never happened, with no ongoing disadvantage or stigma.

Employers should communicate clearly with the returning employee and their colleagues about the resolution, while respecting confidentiality requirements. The goal is to restore normal working relationships and prevent ongoing tension or speculation.

Sometimes additional support may be needed to help the employee readjust to the workplace, particularly after a lengthy suspension. This might include catch-up briefings, training updates, or counselling support if the experience has been particularly stressful.

If the investigation results in disciplinary action short of dismissal, the return to work process should be handled carefully to ensure the employee understands expectations and has the support needed to meet them.

In cases where the employment relationship has been damaged by the suspension process, both parties might consider whether mediation could help resolve ongoing issues and restore a productive working relationship.

Consider seeking legal advice if you're suspended without clear reasons, if the suspension is unpaid when you believe it should be paid, or if the process seems unfair or one-sided. Early advice can help you understand your rights and options before the situation escalates.

Legal advice is particularly important if the suspension is lengthy without clear progress on the investigation, if you're being pressured to resign, or if you believe the suspension is being used to avoid proper disciplinary procedures.

If you're considering raising a personal grievance about the suspension, get legal advice before taking action. The 90-day time limit for raising grievances means timing is crucial, and proper preparation can significantly improve your chances of success.

Employers should also consider legal advice when implementing suspension, particularly in complex cases or when the employee is represented. Proper legal guidance can help ensure procedures are followed correctly and reduce the risk of successful grievance claims.

Remember that employment law is complex and the stakes are high for both employees and employers. Professional legal advice can help navigate the process effectively and protect your interests throughout the suspension period.